Winim Developments Pty Limited v Ku-ring-gai Council [2023] NSWLEC 1651

Land and Environment Court New South Wales

Medium Neutral Citation: Winim Developments Pty Limited v Ku-ring-gai Council [2023] NSWLEC 1651 Hearing dates: Conciliation conference on 14 June 2023 Date of orders: 02 November 2023 Decision date: 02 November 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders that: (1) The Applicant agrees to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $31,104.00 within 28 days of judgment being handed down. (2) The Applicant's written request, pursuant to cl 4.6 of the Ku-ring-gai Local Environmental Plan 2015 (KLEP), seeking to vary the development standard for height of buildings as set out at cl 4.3 of the KLEP, is upheld. (3) The appeal is upheld. (4) Development Application No. 0219/22 is determined by the grant of consent for the demolition of existing structures and construction of a multi dwelling housing development containing 14 dwellings, basement carparking and associated works at 43-47 Dumaresq Street, Gordon (legally known as Lot A in DP 355865, Lot 5 in DP 962973 and Lot 4 in DP 962973) subject to the conditions contained at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing – cl 4.6 written request – height of buildings – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 Ku-ring-gai Local Environmental Plan 2015, cll 2.7, 4.3, 4.4, 5.21, 6.1, 6.2, 6.4, 6.5, 6.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Department of Planning and Environment, Planning Circular PS 18-003, 2018 Category: Principal judgment Parties: Winim Developments Pty Limited (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: H Kahagalle (Solicitor) (Applicant) C Shaw (Solicitor) (Respondent)